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Costa Rica court declares recreational cannabis unconstitutional



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Published on Thursday, November 28, 2024
By the A.M. Costa Rica staff




On Wednesday, the Costa Rica's Constitutional Chamber found a bill allowing recreational cannabis usage unconstitutional, or in contradiction with the country's democratic constitution.



The Constitutional Chamber (officially designated as Sala IV), comprising 12 magistrates from Costa Rica's Supreme Court of Justice, reviewed the document and concluded that the bill includes unconstitutional clauses.


The Supreme Electoral Tribunal (TSE) brought the case to court so that the judges could review bill No. 23,383, titled "Law on the Control and Regulation of Cannabis for Recreational Use."


According to the bill, the government would be able to hold a referendum, also known as a plebiscite, which is a direct vote by a segment of the population to support or reject the legalization of recreational cannabis use for individuals over the age of 18.


However, after an analysis, the magistrates ruled that the bill was unconstitutional because it infringed three international treaties ratified by the country: the United Nations Single Convention on Narcotic Drugs, The Vienna Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.





 




These international treaties expressly ban the cultivation, sale, and use of cannabis for recreational purposes.



Furthermore, current laws prevent any organization from engaging in pacts, treaties, or agreements that threaten the Republic's sovereignty and independence.



To approve a referendum, as suggested in the bill, the administration must first win the support of 29 of Congress's 57 deputies.

 

To increase exports, in 2022, Costa Rica legalized medical cannabis and hemp production. However, recreational use, self-cultivation, and self-consumption of cannabis are still illegal.



In 2023, the Ministry of Agriculture authorized the state-owned National University (UNA) to import hemp seeds from Canada for plant cultivation and testing.



The Supreme Electoral Tribunal (TSE) is an independent public institution that sets up and oversees Costa Rica's presidential election and popular vote processes.



 

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How will legalizing recreational marijuana in Costa Rica impact the country?  We would like to know your thoughts on this story. Send your comments to news@amcostarica.com



  


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